Loading...
99-58Council File # ��'' Presented Referred To RESOLUTION ���T AUL, MINNESOTA Green Sheet # 62264 � Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the I.egislative Heazing Officer on Pzoperry Code Enforcement Appeals for the following 3 address: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Property Ap en aled 281 Fifth Street East Decision: Appeat denied Yeas Na s Absent Blakey �� Coleman � Harris �/ Benanav � Reiter �" Bostrom �/ Lantry `/ � � � Adopted by Council: Date � °� Adoprion Ce ed by Council Secr tary By: � � �.�._r�.= -�------ Approved by Mayor: � � `�y� B �c��� �' � Apvellant Paul Baillon far Baillon Company Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 99-�9' Council DAiE INIfNTEp �z-ZS-9s GREEN SHEET Gerry Strathman, 266-8575 u������ u��� iT 8E ON CWNCIl0.GENOA BY (OATE� ❑ ❑ A131GM January 13, 1999 my � ny �,. d ,,.� xuweaecoa xarrx+c atnEre ❑ wuxcvuamxccsooe. ❑ wuMO��mnnKera ❑ WYOR(ORA54SfAM() ❑ TOFAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 281 Fifth Street East. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION II�•Pi�.7 Has this persoMrm e.er v.niketl untler a contract torihis departmerit7 YE5 NO Has this ceBan/firtn ever heen a citY empbyeeT YES NO Dces tttis P��rtn D�sess a sldll not �ormallYP� M anY curtmt citY emDloyee7 YES NO Is this pps�xuhrm a targeteE vendor'7 YES NO No 62264 Cou�1 Rsse�rch Genfer 1., , :: v' ' �.� AMOUNT OF TRANSACTION SOURCE COST/REVENUE BUDf3ETm (CIRCLE ON� YES NO ACTIVITY NUMBER (ocawM / 99 �� NOTES OF TI� PROPERTY CODE BNFORCEMENT MEBTING December 15, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynazd Vinge, Code Enforcement Gerry Strathman called t6e meeting to order at 232 p.m. 311 Walnut Street (Laid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins wouid like additional time before the interior inspection. Mr. Vinge would like the electrical report to insure the safety of the unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so far. Gerry Strathman asked can this matter be finished by mid-January. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Suathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (Laid over from 11-17-98) Gerry Strathman stated the requested corrections have been made. The appeal has been withdzawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. Z�1 F'ifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baiilon Company has asked for and received several extensions while trying to develop the property. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter wiil be tumed over to the City Attorney. Mr. Baillon is here to appeal that letter. There are four reasons why the rainleaders have noi been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baiilon Company has owned the buiiding for about 20 years, and it has been empty almost all that time. The building loses about $20,000 a yeaz. 2) Baillon Company has applied for a pemut to demolish the 9y�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied the request. 3) The Mayor's Office suggested Baillon Company reapply again with a more concrete p]an for the buiiding after it is demolished. 4) 'There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meIting any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since Mazch. A survey has been done, and an architect has been hired to draw plans. Mr. Baillon has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the property demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the siorm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other conuactors. Gerry Strathman denied the appeal. The City of Saint Paui was under federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten yeazs. The language of the legislative code makes no provisions for exceprions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Counci] meeting in which the Council refused to grant the demolition pemvt. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant additional time. 1956 Feronia Avenue James Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additionat time. He is concemed about his elderiy tenants and the tenanis that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work order need to be conected. He has completed a set of work orders from June from the Fire Department, and received a temporary work permit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some fmanciai stress. The tenants that want to stay are doing some of the work themselves. There aze 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been �cult, and did not do many of the repairs he was asked to do. As soon as Mr. 5wick purchased the property in February 1997, he asked for another occupancy permit in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changad his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �� s� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 3 of 4 for the re-inspection. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That caretaker also admitted he had been tuming off the fue alarm system when it acuvates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the cazetaker. Ms. Fish went through the building again on October 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other areas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the wandows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in tt�e basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. 3wick's hom�that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alazm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lengthy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator for the Merriam Pazk Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Cazl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safety. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they are concemed about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Chrisfine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Mazgaret Cariveau wmte that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed u�c leaving the pazking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkamm, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised children, refuse, foot and caz traffic at al] hours, loitering, harassment, and prostitution. Ms. Yancher also tumed in the foliowing: a copy of a petition in opposition to , y�,�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of police cails showing 183 incidenu for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeazed and stated Re-Entry Metro is a communiry corrections halfway house for women. Staff do not feel safe working nighu. There has been a problem with fighting at 1956 Feronia Avenue. W omen housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paui Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attomey's Office, appeared and stated 1956 Feronia Avenue is a pubiic nuisance property. 'I`here have been nazcotic related arrests there. James Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with James Swick and his attomey, however, they never called to set up one. Mr. Swick did attend a landlord training class. James Swick stated he evicts tenants continually. The building atuacts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximately $150,000. Someone has been called about the fire alarm. (Mr. Swick presented an invoice concerning the fire alazm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can have access to the building. Half the building is empty. Mr. Swick knows of a building that has potential renters submit to drug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the problem was, nor if the problem was corrected. As for the elderly tenants, they aze more concerned about their safety in the building instead of where they are going to go. Gerry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeai on December 9 is too late; it should not have been accepted. 2} The orders are appropriate. Even 7ames Swick has acknowledged that the correcdons listed aze appropriate, and he has attempted to address them. 3) Mr. 5wick has been given adequate time to address these orders. The acdons of the Fire Department are reasonable. The meeting was adjoumed at 2:26 p.m. rrn Council File # ��'' Presented Referred To RESOLUTION ���T AUL, MINNESOTA Green Sheet # 62264 � Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the I.egislative Heazing Officer on Pzoperry Code Enforcement Appeals for the following 3 address: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Property Ap en aled 281 Fifth Street East Decision: Appeat denied Yeas Na s Absent Blakey �� Coleman � Harris �/ Benanav � Reiter �" Bostrom �/ Lantry `/ � � � Adopted by Council: Date � °� Adoprion Ce ed by Council Secr tary By: � � �.�._r�.= -�------ Approved by Mayor: � � `�y� B �c��� �' � Apvellant Paul Baillon far Baillon Company Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 99-�9' Council DAiE INIfNTEp �z-ZS-9s GREEN SHEET Gerry Strathman, 266-8575 u������ u��� iT 8E ON CWNCIl0.GENOA BY (OATE� ❑ ❑ A131GM January 13, 1999 my � ny �,. d ,,.� xuweaecoa xarrx+c atnEre ❑ wuxcvuamxccsooe. ❑ wuMO��mnnKera ❑ WYOR(ORA54SfAM() ❑ TOFAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 281 Fifth Street East. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION II�•Pi�.7 Has this persoMrm e.er v.niketl untler a contract torihis departmerit7 YE5 NO Has this ceBan/firtn ever heen a citY empbyeeT YES NO Dces tttis P��rtn D�sess a sldll not �ormallYP� M anY curtmt citY emDloyee7 YES NO Is this pps�xuhrm a targeteE vendor'7 YES NO No 62264 Cou�1 Rsse�rch Genfer 1., , :: v' ' �.� AMOUNT OF TRANSACTION SOURCE COST/REVENUE BUDf3ETm (CIRCLE ON� YES NO ACTIVITY NUMBER (ocawM / 99 �� NOTES OF TI� PROPERTY CODE BNFORCEMENT MEBTING December 15, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynazd Vinge, Code Enforcement Gerry Strathman called t6e meeting to order at 232 p.m. 311 Walnut Street (Laid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins wouid like additional time before the interior inspection. Mr. Vinge would like the electrical report to insure the safety of the unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so far. Gerry Strathman asked can this matter be finished by mid-January. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Suathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (Laid over from 11-17-98) Gerry Strathman stated the requested corrections have been made. The appeal has been withdzawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. Z�1 F'ifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baiilon Company has asked for and received several extensions while trying to develop the property. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter wiil be tumed over to the City Attorney. Mr. Baillon is here to appeal that letter. There are four reasons why the rainleaders have noi been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baiilon Company has owned the buiiding for about 20 years, and it has been empty almost all that time. The building loses about $20,000 a yeaz. 2) Baillon Company has applied for a pemut to demolish the 9y�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied the request. 3) The Mayor's Office suggested Baillon Company reapply again with a more concrete p]an for the buiiding after it is demolished. 4) 'There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meIting any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since Mazch. A survey has been done, and an architect has been hired to draw plans. Mr. Baillon has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the property demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the siorm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other conuactors. Gerry Strathman denied the appeal. The City of Saint Paui was under federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten yeazs. The language of the legislative code makes no provisions for exceprions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Counci] meeting in which the Council refused to grant the demolition pemvt. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant additional time. 1956 Feronia Avenue James Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additionat time. He is concemed about his elderiy tenants and the tenanis that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work order need to be conected. He has completed a set of work orders from June from the Fire Department, and received a temporary work permit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some fmanciai stress. The tenants that want to stay are doing some of the work themselves. There aze 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been �cult, and did not do many of the repairs he was asked to do. As soon as Mr. 5wick purchased the property in February 1997, he asked for another occupancy permit in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changad his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �� s� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 3 of 4 for the re-inspection. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That caretaker also admitted he had been tuming off the fue alarm system when it acuvates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the cazetaker. Ms. Fish went through the building again on October 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other areas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the wandows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in tt�e basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. 3wick's hom�that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alazm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lengthy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator for the Merriam Pazk Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Cazl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safety. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they are concemed about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Chrisfine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Mazgaret Cariveau wmte that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed u�c leaving the pazking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkamm, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised children, refuse, foot and caz traffic at al] hours, loitering, harassment, and prostitution. Ms. Yancher also tumed in the foliowing: a copy of a petition in opposition to , y�,�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of police cails showing 183 incidenu for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeazed and stated Re-Entry Metro is a communiry corrections halfway house for women. Staff do not feel safe working nighu. There has been a problem with fighting at 1956 Feronia Avenue. W omen housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paui Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attomey's Office, appeared and stated 1956 Feronia Avenue is a pubiic nuisance property. 'I`here have been nazcotic related arrests there. James Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with James Swick and his attomey, however, they never called to set up one. Mr. Swick did attend a landlord training class. James Swick stated he evicts tenants continually. The building atuacts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximately $150,000. Someone has been called about the fire alarm. (Mr. Swick presented an invoice concerning the fire alazm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can have access to the building. Half the building is empty. Mr. Swick knows of a building that has potential renters submit to drug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the problem was, nor if the problem was corrected. As for the elderly tenants, they aze more concerned about their safety in the building instead of where they are going to go. Gerry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeai on December 9 is too late; it should not have been accepted. 2} The orders are appropriate. Even 7ames Swick has acknowledged that the correcdons listed aze appropriate, and he has attempted to address them. 3) Mr. 5wick has been given adequate time to address these orders. The acdons of the Fire Department are reasonable. The meeting was adjoumed at 2:26 p.m. rrn Council File # ��'' Presented Referred To RESOLUTION ���T AUL, MINNESOTA Green Sheet # 62264 � Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the I.egislative Heazing Officer on Pzoperry Code Enforcement Appeals for the following 3 address: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Property Ap en aled 281 Fifth Street East Decision: Appeat denied Yeas Na s Absent Blakey �� Coleman � Harris �/ Benanav � Reiter �" Bostrom �/ Lantry `/ � � � Adopted by Council: Date � °� Adoprion Ce ed by Council Secr tary By: � � �.�._r�.= -�------ Approved by Mayor: � � `�y� B �c��� �' � Apvellant Paul Baillon far Baillon Company Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 1 99-�9' Council DAiE INIfNTEp �z-ZS-9s GREEN SHEET Gerry Strathman, 266-8575 u������ u��� iT 8E ON CWNCIl0.GENOA BY (OATE� ❑ ❑ A131GM January 13, 1999 my � ny �,. d ,,.� xuweaecoa xarrx+c atnEre ❑ wuxcvuamxccsooe. ❑ wuMO��mnnKera ❑ WYOR(ORA54SfAM() ❑ TOFAL # OF SIGNATURE PAGES (CUP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 281 Fifth Street East. PLANNING CAMMISSION CIB COMMITTEE CIVIL SERVICE COMMISSION II�•Pi�.7 Has this persoMrm e.er v.niketl untler a contract torihis departmerit7 YE5 NO Has this ceBan/firtn ever heen a citY empbyeeT YES NO Dces tttis P��rtn D�sess a sldll not �ormallYP� M anY curtmt citY emDloyee7 YES NO Is this pps�xuhrm a targeteE vendor'7 YES NO No 62264 Cou�1 Rsse�rch Genfer 1., , :: v' ' �.� AMOUNT OF TRANSACTION SOURCE COST/REVENUE BUDf3ETm (CIRCLE ON� YES NO ACTIVITY NUMBER (ocawM / 99 �� NOTES OF TI� PROPERTY CODE BNFORCEMENT MEBTING December 15, 1998 Room 330, City Hall Gerry Strathman, I.egislative Hearing Officer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynazd Vinge, Code Enforcement Gerry Strathman called t6e meeting to order at 232 p.m. 311 Walnut Street (Laid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins wouid like additional time before the interior inspection. Mr. Vinge would like the electrical report to insure the safety of the unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so far. Gerry Strathman asked can this matter be finished by mid-January. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Suathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (Laid over from 11-17-98) Gerry Strathman stated the requested corrections have been made. The appeal has been withdzawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. Z�1 F'ifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baiilon Company has asked for and received several extensions while trying to develop the property. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter wiil be tumed over to the City Attorney. Mr. Baillon is here to appeal that letter. There are four reasons why the rainleaders have noi been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baiilon Company has owned the buiiding for about 20 years, and it has been empty almost all that time. The building loses about $20,000 a yeaz. 2) Baillon Company has applied for a pemut to demolish the 9y�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied the request. 3) The Mayor's Office suggested Baillon Company reapply again with a more concrete p]an for the buiiding after it is demolished. 4) 'There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meIting any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since Mazch. A survey has been done, and an architect has been hired to draw plans. Mr. Baillon has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the property demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the siorm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other conuactors. Gerry Strathman denied the appeal. The City of Saint Paui was under federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten yeazs. The language of the legislative code makes no provisions for exceprions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Counci] meeting in which the Council refused to grant the demolition pemvt. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant additional time. 1956 Feronia Avenue James Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additionat time. He is concemed about his elderiy tenants and the tenanis that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work order need to be conected. He has completed a set of work orders from June from the Fire Department, and received a temporary work permit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some fmanciai stress. The tenants that want to stay are doing some of the work themselves. There aze 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been �cult, and did not do many of the repairs he was asked to do. As soon as Mr. 5wick purchased the property in February 1997, he asked for another occupancy permit in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changad his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �� s� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 3 of 4 for the re-inspection. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That caretaker also admitted he had been tuming off the fue alarm system when it acuvates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the cazetaker. Ms. Fish went through the building again on October 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other areas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the wandows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in tt�e basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. 3wick's hom�that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alazm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lengthy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator for the Merriam Pazk Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Cazl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safety. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they are concemed about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Chrisfine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Mazgaret Cariveau wmte that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed u�c leaving the pazking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkamm, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised children, refuse, foot and caz traffic at al] hours, loitering, harassment, and prostitution. Ms. Yancher also tumed in the foliowing: a copy of a petition in opposition to , y�,�� PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of police cails showing 183 incidenu for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeazed and stated Re-Entry Metro is a communiry corrections halfway house for women. Staff do not feel safe working nighu. There has been a problem with fighting at 1956 Feronia Avenue. W omen housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paui Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attomey's Office, appeared and stated 1956 Feronia Avenue is a pubiic nuisance property. 'I`here have been nazcotic related arrests there. James Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with James Swick and his attomey, however, they never called to set up one. Mr. Swick did attend a landlord training class. James Swick stated he evicts tenants continually. The building atuacts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximately $150,000. Someone has been called about the fire alarm. (Mr. Swick presented an invoice concerning the fire alazm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can have access to the building. Half the building is empty. Mr. Swick knows of a building that has potential renters submit to drug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the problem was, nor if the problem was corrected. As for the elderly tenants, they aze more concerned about their safety in the building instead of where they are going to go. Gerry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeai on December 9 is too late; it should not have been accepted. 2} The orders are appropriate. Even 7ames Swick has acknowledged that the correcdons listed aze appropriate, and he has attempted to address them. 3) Mr. 5wick has been given adequate time to address these orders. The acdons of the Fire Department are reasonable. The meeting was adjoumed at 2:26 p.m. rrn